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All Journal AHKAM : Jurnal Hukum Islam dan Humaniora Desentralisasi: Jurnal Hukum, Kebijakan Publik, Dan Pemerintahan
Nurifana Umar
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Status and Consequences of Civil Agreements Made without a Notarial Authentic Deed Yenny Febrianty; Nurifana Umar; Muh. Fachrur Razy Mahka; Muhammad Sabir Rahman
AHKAM Vol 4 No 4 (2025): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i4.8454

Abstract

Authentic acts performed by notaries play a crucial role in the Indonesian civil law system because they provide legal certainty and evidentiary guarantees for the parties concerned. Although notaries, as public officials, possess the legal authority to codify the intentions of the parties into lawful deeds with full evidentiary weight as stipulated in Article 1868 of the Civil Code, Indonesian civil law does not require all agreements to be formalized as authentic notarial deeds as long as they comply with the validity requirements in Article 1320 of the Civil Code. In practice, civil agreements without notarial validation are frequently made and documented as handwritten or private deeds, a practice that raises legal challenges in the event of disputes, particularly regarding the legal validity of the agreement and its evidentiary force in court. This study aims to analyze the legal status of civil agreements concluded without an authentic notarial deed and the consequent legal ramifications from the perspectives of civil law and evidentiary law. Employing normative legal research, the study uses statutory and conceptual approaches, supported by an examination of legal concepts and relevant court decisions. The findings demonstrate that a civil agreement without an authentic notarial deed remains legally valid and binding on the parties as long as it fulfills the substantive requirements for validity; however, it lacks comprehensive evidentiary strength because it does not meet the external, formal, and material standards characteristic of an authentic deed. As a result, the parties face weaker legal protection, reduced legal clarity, and a higher potential for disputes. The study concludes that the use of authentic notarial deeds is an essential instrument for preventing legal problems and ensuring legal certainty and clarity in civil relations.
Analisis Kepemimpinan, Kecerdasan Emosional, dan Kualitas Pelatihan dalam Meningkatkan Efektivitas Pengambilan Keputusan dan Kinerja Personel Kepolisian Rahmatia Pakaya; Nur Fadli Umar; Nurifana Umar
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 3 No. 2 (2026): Mei: Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/desentralisasi.v3i2.1690

Abstract

The effectiveness of public organizations is strongly influenced by leadership quality and employee productivity. Effective leadership plays a crucial role in directing, supervising, and motivating members to achieve organizational goals optimally. This study aims to analyze public sector leadership practices at the Limboto Sector Police Office (Polsek Limboto) by focusing on four key aspects: decision-making, communication, supervision, and motivation. A descriptive qualitative approach was employed to gain an in-depth understanding of leadership implementation within the police organization. Research data were collected through observation, interviews, and documentation and analyzed using the data analysis model developed by Miles, Huberman, and Saldana. The findings indicate that the Head of Polsek Limboto applies an effective democratic leadership style that encourages member participation in organizational processes. Decision-making is conducted by considering input from personnel, while two-way communication enables the accommodation of aspirations and fosters harmonious working relationships. Furthermore, supervision is carried out in a disciplined yet persuasive manner and is supported by the consistent implementation of a reward and punishment system. This leadership approach has been proven to positively influence both the quality and quantity of personnel performance, thereby supporting the effective and sustainable achievement of organizational goals within the police institution.
Co-Authors Muh. Fachrur Razy Mahka Muhammad Sabir Rahman Nur Fadli Umar Rahmatia Pakaya Yenny Febrianty